Any legal proceeding can appear complicated and at times confusing to individuals – the majority of the public – who do not deal with such matters on a regular basis. Divorces can be especially fraught because of the deep emotional investment the parties to a divorce often have in both the process and the outcome. When a litigated divorce is over and the court’s final judgment dissolving the marriage and directing the disposition of property, the allocation of child custody schedules, and similar issues have been entered into the record, many former spouses breathe a sigh of relief – but others wonder whether they may have the right to an appeal. The answer, on its face, is usually yes – but there are a number of procedural considerations that may make the process of filing for a divorce appeal and carrying it through to a successful conclusion challenging, at best. For this reason, many individuals contemplating the prospect of a divorce appeal seek out the advice and support of a family attorney who is familiar with divorce appeal procedures in their jurisdiction. Residents of Forsyth County, York County, Mecklenburg County, Haywood County, and Watauga County can schedule a consultation with a member of the divorce team at King Law Offices by calling 888-748-KING today.
What Is a Divorce Appeal?
A divorce appeal is a request filed with a court higher than the one that issued the original divorce decree, requesting that the superior court review and reverse or otherwise alter some aspect of the lower court’s order. Typically, the appeal will focus narrowly on specific elements within the judge’s final decision in the divorce case.
Divorce Appeal vs. Contested Divorce
Although spouses going through the divorce process or its appeal may sometimes confuse the two, appealing a divorce is distinct from contesting a divorce. A brief overview of the differences in the legal implications of these terms may make it easier for individuals navigating the divorce process to understand their options, both during divorce litigation and in the event that they wish to consider an appeal:
Contesting a Divorce
A divorce is contested if the divorcing spouses are unable to come to an agreement on any of the matters that must be resolved before a court can legally issue a decree of divorce (such as the disposition of the couple’s shared property will be divided, or how any childcare responsibilities will be shared between the newly separate households). When a couple can negotiate their own agreement on all of these matters, they may be able to draft and submit a settlement agreement to the court for a judge’s approval, in which case their divorce is uncontested.
Uncontested divorces tend to be faster and less expensive than their contested counterparts, but given the tensions that often exist between spouses who are divorcing, they can also be difficult to achieve. Contested divorces are the familiar type in which any unresolved issues necessary to the parting of ways must be adjudicated by the judge presiding over the divorce case.
Appealing a Divorce
A divorce appeal typically takes place after the judge in the family court has already issued a decision, although in North Carolina G.S. § 50-19.1 allows for the appeal of certain narrowly defined orders even while other matters in the same case are pending. Except in these limited “early” appeal scenarios, a divorce appeal will usually ask the higher court to review the judge’s final decision granting the divorce and laying out permanent orders regarding the division of property, the allocation of child custody and support, and any obligations regarding alimony or other considerations that may apply to the individual case.
Relationship Between Contested Divorces and Divorce Appeals
Because there is usually no reason to challenge the terms of an arrangement agreed upon between the spouses in an uncontested divorce, almost all divorce appeals do come from contested divorces – but the contest and the appeal generally occur at different stages of the divorce process. Neither a contested divorce nor a divorce appeal implies posing a legal challenge to the end of the marriage as such, although some states offer a separate process known as “conciliation” for spouses who wish to pose this type of challenge.
When Can You File a Divorce Appeal?
Appellate rules for all case types are set by the respective court system in each state, but generally speaking there will be requirements relating to the kinds of decisions that may be eligible for appeal in family cases, as well as for the window of time during which any appeal must be filed. An experienced family attorney with King Law Offices may be able to offer you guidance based on your jurisdiction.
Timelines for Filing an Appeal
Most of the time, objections to any specific part of the proceedings during the course of a divorce case would be addressed by filing a motion with the same court that is already handling the case, rather than by appeal. For this reason, the “countdown” to the deadline for filing an appeal typically starts when the judge issues a final decision granting the former couple’s divorce and formalizing the disposition of marital property, as well as any arrangement regarding child custody or support, by court order.
Special Considerations and Circumstances
In some instances, the timeline may not start until all parties to the case have been served with the judgment. In North Carolina, for instance, Rule 3(c)(2) of the Rules of Appellate Procedure establishes that if any party to a case is not served with the judgment within a three-day period after a final decision has been entered in the case, then the party has thirty days from the time of service, rather than from the date of entry. South Carolina follows a similar thirty-day rule, but the conditions for exception under SCRAP Rule 203 are somewhat different from those applied by courts in the North Carolina system.
The Role of a Divorce Appeal Lawyer
Pro se representation can be challenging at any level. When it comes to the special legal complexities and procedural requirements of appellate law – many of which must be managed on a tight timeline in order to maintain the right to appeal – it is not unusual even for individuals who embraced the challenges of representing themselves in the original divorce trial to prefer working with an attorney who has experience with the local courts and is familiar with their appeal procedures. A family law attorney can often bring not just legal knowledge, but the many advantages of professional experience, to a divorce appeal. Experience is of course always a relative quality that can be expected to grow in any individual over time – but even a fresh-faced young lawyer just starting their career often has access to practical knowledge through their professional networks, especially if they are associates in a substantial firm, that the average person outside the legal profession rarely has the opportunity to match. All of these reasons make it very common for residents of the Carolinas to seek out the advice and perspective of a local family law attorney when considering a divorce appeal. If you live in Forsyth County, York County, Mecklenburg County, Haywood County, and Watauga County, we welcome you to visit with our experienced divorce appeal team. You can set up a meeting with a member of the King Law Offices team at our location nearest to you by calling our central contact number at 888-748-KING.